JAGRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal on behalf of accused-appellant Jagram S/o Shri Hari Narain is directed against the impugned judgment and order dated 02.07.1982 passed by the Additional District & Sessions Judge, Gangapur City in Sessions Case No. 22/1981, whereby appellant has been convicted and sentenced under Sec. 302 read with Sec. 34 Penal Code to imprisonment for life and a fine of Rs. 200.00, and in default of payment of fine to further undergo one month's additional rigorous imprisonment and under Sec. 447 Penal Code to three months' rigorous imprisonment. Both the sentences were ordered to run concurrently.

(2.) Briefly stated the facts of the case are that PW5 Lallu S/o Shree Narain lodged a written report on 19.11.1978 at Police Station Salempur, District Sawai Madhopur, wherein it was alleged that on a day prior to the filing of the report, the informant Lallu along with his brothers Tej Ram and Het Ram had gone to their field in the morning for tending their crops of wheat. While they were working in the field, at about 5.00 P.M. in the evening, Ram Khiladi, Malli and Jag Ram sons of Hari Narayan came armed with Lathi in their field: Khasra No. 902 and started up-rooting the plants of wheat. The informant raised an objection and asked the accused-persons not to do so. Then, Ram Khiladi, Malli and Jag Ram came towards them for giving a beating. Het Ram tried to run, but he was surrounded near the boundary wall of field Nos. 902 and 917 and was mercilessly beaten by the accused-persons. When Tej Ram tried to rescue Het Ram, then, Malli the accused, inflicted a blow by Lathi on the hand of Tej Ram. On raising a hue and cry by the informant, Bharoshi, Chothi and Laxmi Narayan Meena of the neighbouring fields came on the spot and, thereafter, the accused-persons ran away. As Het Ram was seriously injured, he was taken to a hospital at Mahaveerji, but the Doctor told them that the condition of Het Ram Was serious and as such he was advised to be taken to Karoli. It has been further stated that for want of proper transport for taking Het Ram to Karoli, they brought Hetram to Hindon. At Hindon, the Doctor gave an injection to Het Ram and advised him to be taken to Karoli. While Het Ram was being taken to Karoli, he succumbed to the injuries in the way.

(3.) On the basis of above written report, the police registered chalked FIR No. 99 under section 302, 447, 323 read with Sec. 34 Penal Code and started investigation. During investigation, post-mortem of dead body was conducted. Injured Tejram and accused persons were also medically examined. After completion of investigation, the police filed a charge-sheet against co-accused persons namely, Ram Khilari and Malli Ram in the Court of Additional Munsif & Judicial Magistrate, First Class, Hindaun City on 28.02.1979.